Examining the new legal relationship between the UK and EU
In this blog post Alastair Holder Ross of Monckton Chambers discusses the Court of Appeal’s recent judgment in Merck Serono v Comptroller-General of Patents [2025] EWCA Civ 45, which clarifies the circumstances in which domestic courts will depart from assimilated EU case law post-Brexit.
Continue reading “Coulda, shoulda, woulda – whether to depart from assimilated EU case law”
This post by Clíodhna Kelleher of Monckton Chambers discusses the Supreme Court’s judgment in Skykick v Sky Ltd [2024] UKSC 36, a mammoth trade mark dispute with an interesting EU law dimension.
Continue reading “EU law leaves a mark”
In this blog post Jack Williams of Monckton Chambers discusses a new Court of Appeal judgment, Thatchers Cider Co Ltd v Aldi Stores Ltd [2025] EWCA Civ 5 (“Thatchers”), in which the Court decided not to depart from assimilated case law.
Continue reading “A bitter taste? When will the Court depart from assimilated EU case law?”
In this post, Jack Williams of Monckton Chambers provides an update on the commencement of section 6 of the Retained EU Law (Revocation and Reform) Act 2023 (“REULA”).
Continue reading “The Cheshire Cat’s grin: section 6’s appearance and disappearance”
In this post, Jack Williams of Monckton Chambers discusses new Part 68 of the Civil Procedure Rules (“CPR”), which comes into force on 1 October 2024 and makes provision for references to higher courts and interventions by the law officers pursuant to sections 6A to 6C of the European Union (Withdrawal) Act 2018 concerning departure from assimilated case law.
Continue reading “New CPR Part 68 on assimilated case law references and interventions”